allowing the felony murder rule to apply where homicide has been committed as a result of a felonious assault, a category *141 which includes the great majority of all homicides, would effectively preclude the jury from considering the issue of malice aforethought in such cases, and this type of bootstrapping finds support neither in logic nor in law
How later courts described this case
- allowing the felony murder rule to apply where homicide has been committed as a result of a felonious assault, a category *141 which includes the great majority of all homicides, would effectively preclude the jury from considering the issue of malice aforethought in such cases, and this type of bootstrapping finds support neither in logic nor in law
- the defendant’s request to call his parents for his attorney, ignored by the officers, constituted a violation of his Fifth Amendment rights
- no consent defense indicated in statutory wording; entry with requisite intent constitutes burglary
- defendant said "call my parents for my attorney" immediately after being arrested and advised of his Miranda rights
Written by the judges who cited it.
The opinion
*541 McCOMB, J.
I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Coughlin in the opinion prepared by him for the Court of Appeal in People v. Ireland (Cal.App.) 70 Cal.Rptr. 381 .
Respondent’s petition for a rehearing was denied April 9, 1969, and the opinion was modified to read as printed above.